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Immigration Daily

The leading
immigration law
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
November 23, 2001
Previous Issues

Editor's Comments

Three correspondents have taken the time and effort to write letters to the editor; two are about 245(i). Last spring the House passed a bill which would have extended until April 30, 2002 the four month window for filing for 245(i) created the LIFE Act. The Senate then added an amendment requiring that beneficiaries of family petitions or labor certifications applications filed after April 30, 2001, demonstrate that the "familial relationship existed before August 15, 2001, or the application for labor certification that is the basis of such petition for classification was filed before August 15, 2001." Before the House could vote on the Senate amendment, the events of September 11 changed the legislative program. Congress still has appropriations bills and other matters, such as an economic stimulus package, to consider before it adjourns for the year. To urge them to take action on 245(i) write your Representative and Senators.

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Tip of the Day

Attorney Chat

ILW.COM hosts live chats with immigration attorneys two times a week. For immigration attorneys, participating in a chat provides many benefits. Many chat attorneys have commented that after each chat they receive numerous inquiries that often lead to paid business in actual cases. ILW.COM chat attorneys have also found that their name recognition has increased and participating in the chat leads to a great amount of public exposure. ILW.COM provides links to the attorney's web page and the web statistics show that the websites get a large number of page views both before and after the chat.

ILW.COM vigorously markets the chats through various other websites and listservs. Before a chat session ILW.COM provides the attorney with a free half hour training session at the attorney's convenience in which we show the attorney how to use the chat program and make sure they have the appropriate equipment. Each live chat session lasts for one hour.

ILW.COM later revises the chat transcripts and posts the scripts on the website. By posting the chat transcripts the one-hour that the attorney has invested in conducting the chat becomes a permanent way of making the attorney's services known to potential clients. Many site visitors go through previous chat transcripts in order to see if questions similar to theirs have already been answered. Many attorneys who have participated in ILW's chats have enjoyed the experience and have returned to chat with us again. If you are interested in participating as an attorney on a live chat, please contact us at

ILW.COM Featured Article of the Day

Splitting INS Functions - Better Late Than Never
Jose Latour writes about the Attorney General's plan to split the INS into enforcement and service agencies.

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Immigration News

14 Aliens in Motorhome Lead to Enhanced Sentence
The court in US v. Angwin, No. 00-50276 (9th Cir. Nov. 23, 2001), upheld the conviction of Defendant who was transporting fourteen illegal aliens in his motorhome for bringing in illegal aliens including a sentence enhancement for creating a substantial risk of death or serious bodily injury because the motorhome was overcrowded and the aliens were not restrained by seat belts. The court has amended its August 30, 2001, opinion.

No Automatic Citizenship for Concentration Camp Guard
The court in Breyer v. Meissner, No. 97-6515 (E. D. Penn. Nov. 16, 2001) denied a motion for summary judgment declaring Plaintiff a birthright citizen of the US and directing the INS to issue a citizenship certificate for Plaintiff who was born in 1925 in Czechoslovakia to a German father and American citizen mother and who had served as a concentration camp guard during WWII.

US Mexican Border Talks Focus on Security Issues
According to the State Department Office of the Spokesman, Assistant Secretary of State for Consular Affairs, Mary A. Ryan, hosted a meeting with Mexican officials to continue the discussion of issues surrounding migration and border security.

Immigration in the Press

International Visitors Staying Away
According to the Washington Post, the number of foreign citizens traveling to the US appears to have dropped across a range of categories since September 11, with fewer coming to sightsee, learn English or even eke out a living working illegally as a busboy or maid.

"Immigration Implications of September 11th tragedy" Attend the at-cost seminar series moderated by Stephen Yale-Loehr. Click here for more info or to signup online. Click here for more info or to signup by fax

This Day in Immigration

From November 22, 2000

"The class action known as "CSS" has followed a long and circuitous path, and the the road still has not come to an end. An earlier panel of the 9th Circuit had held that only those people who had tendered or attempted to tender a completed application for adjustment, with fee, under the IRCA and had been turned away could bring a claim, but none of the named class members met the criteria. The same panel also determined that it was precluded from considering a due process challenge to legislation limiting the class to only those people. Subsequently, the class members filed a new class action in district court. In CSS v. INS, No. 98-16292 (9th Cir. Nov. 21, 2000), the 9th Circuit held that the district court did not err in holding that the statue of limitations was tolled for those members of the CSS class who had been "front-desked," and in granting injunctive relief to these class members. The Circuit court held that the district court did err when it considered itself foreclosed from considering the claims of potential plaintiffs challenging on equal protection grounds statutory limitations on the class. The dissent disagreed with the tolling of the statute of limitations citing as one reason of the Defendants's interest in repose. What about the interest in repose for members of the class who have watched their case work its way through the judicial system for more than 12 years?"

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:

Letters to the Editor

Dear Editor:

In his letter to the editor Mr. Delgado suggests that extension of 245(i) does not harm national security because it still requires background checks of the illegal aliens who apply. What he fails to consider is that organizations which do the background checks, such as the FBI, have limited resources. Are we to divert these resources from national security matters -- or the background checks for legal immigrants -- in order to legalize millions of illegal immigrants?

The reason for a legal immigration process is to have an orderly and fair method of admitting immigrants. No matter how you cut it, illegal immigration disrupts this and patchwork attempts to "fix" it, such as 245(i), only result in additional problems.


Dear Editor:

I must comment on immigration law section 245(i) which has been by far the most unfair and overly abused immigration law ever drafted. The beneficiaries of 245(i) are ILLEGAL immigrants and their attorneys who will share in its benefit. Those that suffer are people, like myself, who choose to enter the US LEGALLY after waiting several years for a visa to become available. I have also chosen to remain in legal status while in this great country unlike those that choose to overstay their respective visas and then take advantage of 245(i) by paying the $1,000 penalty and obtaining their residency here in the US. Section 245(i) not only forgives them their ILLEGAL entry or ILLEGAL overstay it allows them to remain in the US and obtain their residency! How fair is that I ask? I know my family and friends overseas would love to enter today and then do the same, but their law-abiding consciences prevent them from doing so. Please call your Senators and Representatives and make sure that 245(i) and laws just like it are buried forever. Despite what happened on 9/11, the US should continue to welcome immigrants into the US who enter LEGALLY and stop rewarding ILLEGAL immigrants.

J. Seyes

Dear Editor:

Regarding the letter from the frustrated H-1B worker in your November 2 issue about amnesty, I "hear his (her) pain."

Why doesn't the pro-amnesty crowd ever just come out and admit in their pronouncements to the public: they love amnesty because the illegals and undocumented workers, the majority of whom are Hispanic, will vote solidly Democratic when they become citizens. Let's be frank here! It's about politics and will always be about politics. The pro-amnesty crowd is mostly composed of Democratic and left-leaning activists, and they know that the majority of Hispanics in this country vote Democrat. It's a strategy to get more votes, pure and simple! If they would just admit it, the rest of us would have far more respect for their idea and, ironically, might tend to support it more!

I'd love it if your publication publishes this letter. It will surely irritate and challenge many of your readers, I think!


Michael D.
(A conservative immigration lawyer (no, it's not a contradiction!))

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Presented by the Practicing Law Institute, November 27, 2001, 6:00 p.m. - 8:15 p.m. PLI New York Training Center, 21st Floor 810 Seventh Avenue (between 52nd and 53rd Streets) New York City. For details, click here.

There will be a New Jersey Institute for Continuing Legal Education (ICLE) seminar on Wednesday, December 5, 2001 from 9:00 AM to 5:00 PM at the Brunswick Hilton in East Brunswick, New Jersey. The seminar titled, Corporate Immigration Law: For Attorneys, In-House Counsel, & Human Resources Personnel: H-1B Requirements, will feature updates on the latest H-1 legislation regulations and will discuss recent developments in the field. For details, click here.

The Federal Bar Association, North East Ohio Chapter in conjunction with the Cleveland Immigration and Naturalization Service, present the 2001 Immigration and Naturalization Seminar on December 7, 2001. This Seminar will address current developments impacting immigration law in response to the tragic events of September 11, 2001. The seminar will be held at the Marriott at Key Center, In Cleveland, Ohio from 7:30 am - 5:00 pm. The CLE includes 7.5 hours of credit with .5 hours of Substance Abuse. For details, click here.

On January 31st & February 1st 2002, the National Immigration Forum will host its inaugural conference A Nation of Immigrants in the 21st Century: Moving Forward in a Time of New Challenges. The conference will be held at the Mayflower Hotel in Washington, D.C. For details, click here. For registration form, click here.

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Correspondence to Letters may be edited and may be published and otherwise used in any medium.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM